To ask the Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office, which departmental agencies are required to comply with the requirements set out in paragraph 4 of the Civil Service management code, published in November 2016, to submit to his Department proposals or arrangements that are contentious; and what submissions has he received under that provision since 1 January 2020.
Answered on
17 June 2021
Departments are responsible for setting the terms and conditions of employment for their civil servants, in accordance with the rules of the Civil Service Management Code. The Civil Service Management Code only binds organisations that employ civil servants. Departments covered by the Civil Service Management Code are expected to communicate novel and contentious workforce proposals to the Cabinet Office as made clear by paragraph 4.
The Government has been very clear that threatening fire and rehire as a negotiating tactic is completely unacceptable. We always expect employers to treat employees fairly and in the spirit of partnership working with trade unions, where relevant, constructively.
Contracting Authorities decide the terms and conditions of the contracts they enter into with suppliers, and it is for suppliers to establish the pay, terms and conditions for their employees. Employee terms and conditions are protected by employment law when services are transferred between suppliers under Transfer of Undertakings (Protection of Employment) Regulations 2006. We closely monitor strategic suppliers to improve performance, ensure value for money and to deliver policy objectives.